How to Navigate Holiday Custody and Visitation Schedules
One of the principal issues concerning families going through a separation or divorce is how to navigate custody and visitation schedules around the holidays. Custody and visitation issues are intensified during this time of year as both parents and children adjust to not spending the holidays together as a family. However, splitting holiday time is an unfortunate reality of any separation and/or divorce involving children. This is no easy task. It requires a dedication by both parents to cooperate and communicate ensuring they maximize their individual time with the children, while also ensuring the holidays remain a memorable, enjoyable time.
STANDARD CUSTODY AND VISITATION SCHEDULES
Courts around the state of Arkansas employ standard visitation schedules that outline custody and visitation during all times of the year. We will focus primarily on the provisions concerning Thanksgiving and Christmas, as those holidays are quickly approaching. Outlined below is as an example of a standard visitation schedule used by Faulkner County. Other counties employ similar standard schedules; however, the specific dates and times may differ.
In 2017 Faulkner County implemented a Standing Restraining Order that applies to all divorce, custody, support or separate maintenance cases filed in the county. The order states the standard visitation schedule applies to all cases filed involving custody of a minor child(ren) unless there is another order entered that specifically changes custody and visitation. The order specifically addresses visitation for the Thanksgiving and Christmas holidays. Holiday visitation is split between the parties depending on whether the year is odd-numbered or even-numbered.
It is also important to understand some of the language used in the Faulkner County order, and many other orders from around the state. The order refers to the parents as either the “custodial” or the “noncustodial” parent. The custodial parent is the parent that has primary physical custody of the children, meaning the child lives with that parent a majority of the time. The noncustodial parent is the parent that does not have primary physical custody of the minor children.
The schedules outlined below are all specific to the standard visitation schedule used in Faulkner County, but they illustrate a common pattern found in other standard visitation schedules. Thanksgiving custody and visitation is broken down as follows:
· In even-numbered years, the noncustodial parent has the children the week of Thanksgiving from Wednesday at 6:00 PM through Friday at 6:00 PM, and
· In odd-numbered years, the same schedule applies to the custodial parent.
As to Christmas break, the visitation schedule mirrors the holiday break for the school district in which the children attends or lives if he/she is too young to attend school. Thus, Christmas custody and visitation is broken down as follows:
· In odd-numbered years, the custodial parent has the children from the day after school recesses through 12:00 PM on Christmas day. The remainder of the break is then the visitation period for the noncustodial parent.
· In even-numbered years, the noncustodial parent has the children from the day after school recesses through 12:00 PM on Christmas day. The remainder of the break is then the visitation period for the custodial parent.
It is important to remember that the Christmas break visitation schedule does not interrupt the noncustodial parent’s normal weekend visitation. That weekend visitation schedule resumes after the completion of the Christmas holiday schedule.
While the specific days and times may differ from county to county, the same principles will apply to all standard custody and visitation schedules. The Court attempts to split holiday time so each parent has visitation with the child approximately 50% of the time around Thanksgiving and Christmas. The alternation between odd and even years allows the parents to easily switch their holiday visitation time periods from year-to-year, and hopefully reduces the amount of tension during this time of the year.
TIPS AND TRICKS FOR NAVIGATING HOLIDAY VISITATION
As difficult as it may seem, parents should strive to remember that the children should always be put first when working through holiday visitation issues. Below are a few tips and tricks to navigating custody and visitation during the holiday season.
· As a general matter, parents should always attempt to clearly and effectively communicate their expectations regarding visitation. The need for effective communication becomes even more imperative during holiday visitation. The other parent is not going to know the importance of a specific day around the holidays for you and your extended family if you fail to tell them. For example, if your family traditionally celebrates Christmas on Christmas Eve, you need to communicate that to the other parent.
· Share all the time you can with your children. Both parents can attend the Christmas choir concert or Thanksgiving play. You may not be on good enough terms to sit next to the other parent, but you can both still attend.
· Remember that the other parent is also a parent to the child(ren). If you have a court-ordered custody and visitation schedule it is likely your relationship did not work out with the child’s other parent. That does not make the other parent any less important or a less valuable part of the child’s life.
If you need legal assistance implementing or enforcing a child custody order, contact the Helpline of the Center for Arkansas Legal Services at 501-376-3423 or toll-free at 1-800-950-5817. We can give you specific advice pertaining to your situation and may be able to provide legal representation in a court setting. The sooner you contact us the better. To learn more about child custody and visitation and/or access the tools available to you from the Center for Arkansas Legal Services, visit www.arkansaslegal.org/family-law.
2017 Standing Restraining Order:
https://www.faulknercounty.org/images/documents/attorney_info/Restraining%20Order.pdf
